Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1887-11-09
TIRE CASE.

The following cases were brought up
in District Court yesterday:
Cans 4 Kline ~. q. q. Mcclure; judgment
ordered for $244.S0, and attorneys fees
Of $50.
A. c. NeCaurg ct 81. VI. E. II. Paxson;
default Of defendant ordered and judgment
given for $l7S.81.
Territory n. Byers snd Boeorde; sxam-
nation OF witnesses for prosecution ION.
tinued. Deputy Sheriff Fish testified that
he went out on the morning Of June 8 with
Detective McClary and Frank Thomee;
followed two horse tracks from Byers'
ranch to 9 telegraph pole half . mile north
OF Byers' house. where Peterson claimed
the rail was put on the track. The tracks
OF two horses only were plainly visible,
owing to rain on previous day. Witness
further testified to the arrest Of Byers and
Bocorde at Byers' house. Under cross.
examination he admitted that there were
tracks Of other horses on the same road
going in the same direction.
Chas. Carver, Of Rocker, testified that he
saw Byers and Bocorde at Rocker on the
evening of June 4. and saw them start
toward Byers' ranch at 6 or p. N. VIM.
A0VVOSO k0 0SuAAs0A
Deputy Sheriff Frank Themes testified
that he accompanied Fish and McClary
down the road, following the tracks to the
telegraph pole, and thence to Byers'
ranch. Saw some tracks made by the
horses Of Sheriff Lloyd, who went to Mel
rose shortly before. He also saw place
pointed out by McClary, where rail was
laid across track ~three-fourths OF . mile
north Of Byers' ranch.
The afternoon session opened with Mrs.
Marcy on the stand. She testified to hav.
ing heard Byers say that il it wasn't for
the people that ~ould be hurt. he would
Utah & Northern, to get even with the com.
pany.
Mr.. Cook testified that he was conductor
Of the evening train on May 81; that 2
rail was discovered across the track ahead
OF the train; the train was stopped and
the engineer aud brakeman threw the rail
of the track, at the road crossing.
Mr.. Mcbride objected to evidence Of an
offence prior to that alleged in the com.
plant. The objection was overruled, but
noted. MI. Mcbride then said be withdrew
objection. wishing a full investigation.
Witness resumed that after rail
was removed the train moved
on for about . quartz: OF
q mile. A four horse wagon came over
the hill to tho road crossing. There were
two men in the wagon. one OF whom
jumped out and threw back the rail With
then backed up near the crossing,
and one Of tho crew threw the
rail back of the track. The
wagon was then about 300 yards from the
train. He called out and asked the men
what they meant by putting the rail on the
track. One OF them said: well, why
don't you keep your id rails of the
road" He had a good look at the men in
the wagon and recognised Byers as n of
them. He reported the occurrence that
night by telegraph to Superintendent Blck-
ensderfer and might have told Detective
McClary.
John Sheridan was then called to the
stan l. Mr.. Haldorn objected to the evil
dence OF convict from Deer Lodge being
admitted, the witness being brought there
in charge OF the Warden OF the p~enitentiary.
The Court said in his charge to the jury he
should consider the evidence. The counsel
for prosecution then produced an uncondi-
tional pardon of the witness, restoring him
to the rights of citizenship. and the exami-
nation proceeded. Witness testified that
he had a c~oversation with Bocarde in Jail
last June.
Mr.. Mcbride objected to Bocarde's utter
ances being taken in evidence against Byers.
Qverruled.
Witness resumed: Soon after Bocarde
and Byers were put in Jail Bocarde told
witness that Frank Themes had advised
him to tell what he knew, as there was
enough evidence to convict both of them.
Bocarde said be knew nothing about the
matter, and asked witness to swear 10 that.
He said, you stay with me and I will stay
with you, and [ can help you more than
you think" He wanted witness to swear
to being at Byers' ranch when the rail was
put on The track, and that both he and
Byers were in the house. Bocarde said he
had a sawmin on the Big Hole, and he
would give witness work there at SIS per
month. He said he and Byers had placed
the rail on the track becauss tho cars had
killed Byers' stock and he wanted to get
even with the railroad s-o-bs.
Under cross-examination witness said he
was convicted Of burglary and plead guilty.
but he had regard for the sanctity ofan oath.
Witness became somewhat confused and
contradictory under Mr.. Haldorn's rigid
cross-examination). Believed Captain
Wyman had talked to him of the matter;
said he heard witness knew about them.
He was the first man witness had spoken
to about them. Had no ipducement Of
fered to tell about it. Was not convicted
OF burglary until August. Was not prom
ised money, or counsel, or pardon, to tes-
tiiy against defendants. Was in before on
a charge OF stealing saddles. Was dis.
charged from Colorado smelter, and ar
rested afterward, charged with stealing
clothes. Was the same as acquitted OF
that. Went to Jail for burglary on Nav
81.
Parker, brakeman on the train on
evening OF May 81, Clark, news agent, and
Jacobs. engineer, corroborated Conductor
Cooks evidence. The latter didn't identity
the men. This closed the evidence for the
prosecution, Detective NcClary having dis
appeared, it is said. The case will be re-
sunsd this morning.